SALES CONTRACT SAMPLE
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Date of Reservation:
Date of Final Payment:
Date of Transfer:

This sale and contractual agreement is concluded in New York USA, between:

Cattery:
Buyer: (Name)______________________________

(Address)_____________________________

___________________________________

(Phone Number)________________________

(Email)_______________________________


in regards to: Cat as defined below in Article 1.1.

The Agreement shall enter into force on the date of its signing by the Parties. If the Parties are unable to sign the Agreement on the same date, the Agreement shall enter into force on the date signed by the last signing party.

The Buyer and Cattery agree to the following:

Article I: Cat and Breeding Status

Art. 1.1.
Date of Birth:
Name:
Sex:
Color/Markings Code:
Breed Code:
Microchip Number:
Sire:
Dam:
Breeding Status: Not for Breeding

Article II: Nurture and Care
Art. 2.1. This Cat is transferred as a pet class Cat. Buyer acknowledges that a) a material condition of this sale and transfer of this pet is that this pet is a non-breeding animal, and b) that the pet is being sold to Buyer in reliance on Buyer’s compliance with the obligation to sterilize the pet before the deadline set forth in their SpaySecure agreement. In so acknowledging, Buyer agrees to sign and comply with all terms of the SpaySecure sterilization agreement, to not breed the pet, and to take the pet to a licensed veterinarian and have it surgically sterilized before the specific deadline set forth in their SpaySecure sterilization agreement. The Buyer will receive the kitten’s certified pedigree from the Cattery only after the kitten’s neuter/spay is completed and certified by a licensed veterinarian, the certified report of which shall be sent to and received by the Cattery.
Art. 2.2. Buyer agrees that this Cat shall not be declawed.
Art. 2.3. Under no circumstances shall the Buyer allow the Cat be given, transferred, sold, donated or bequeathed to research laboratories, animal research institutes, or to any such similar institutions of any kind.
Art. 2.4. If the Buyer at any time is unable to care for the Cat and needs to surrender the Cat, the Cattery will, at its option, take the Cat back with full rights of ownership. The Cat cannot be sold, leased or rented, given or donated to a third party without prior notification and consent of the Cattery. Such consent will not be unreasonably withheld provided that the third party signs a Sales Contract, substantially similar to the instant document, with the Cattery.
Art. 2.5. The Buyer agrees that they will maintain a happy, nurturing, and healthy environment for this Cat, and that this Cat is to be housed indoors only, allowed outside only within a supervised, sheltered, and enclosed area, or on an attended leash in constant control and supervision of responsible persons.
Art. 2.6. The Buyer agrees to provide the Cat with timely, complete and high-quality veterinary care at licensed veterinary clinics, such care to include strict and mandatory compliance with deworming and annual vaccination priorities.
Art. 2.7. The Buyer certifies that they understand the health risks associated with this breed and the importance of preventative measures such as regular tooth brushing, yearly dental cleanings, echocardiograms and hip x-rays, and that the Cattery cannot guarantee conditions such as stomatitis, gingivitis, and periodontitis/periodontal disease, hip dysplasia, or HCM unrelated to the A31P mutation, will not develop, and will not be liable for them.
Art. 2.8. The entire responsibility and cost for owning and caring for the Cat falls solely upon the Buyer unless a health guarantee as outlined in this contract is activated, in which case the Cattery shall only be responsible for the section of the health guarantee activated.
Article III: Health Guarantee and Limitations
Art. 3.1. For any health guarantee within this contract to be valid, the Buyer must not let this Cat outdoors unsupervised during its lifetime, and must quarantine the kitten for 7 days and have a licensed veterinarian examine and certify the health condition of the Cat within 7 (seven) days after transfer at the Buyer’s own expense.
Art. 3.2. The Cattery transmits the Cat to the Buyer vaccinated against viral infections and provides a veterinary passport or records with a note about the preventive vaccinations, confirmed by the seal of a licensed veterinary clinic. All medical records held with a United States licensed veterinarian will be faxed to the Buyer’s veterinarian of choice.
Art. 3.3. Unless an ongoing medical condition is present and disclosed at the Date of Sale, the Cat is ensured to be healthy at the time of arrival to the Buyer and is ensured to be free of symptomatic infectious diseases and internal and external parasites for the first 7 days after transfer.
Art. 3.4. The Cattery agrees to provide, upon request, certificates of the absence of the following genetic diseases in this Cat’s parentage, as the most specific for Maine Coon breed: Hypertrophic Cardiomyopathy (A31P), Spinal Muscular Atrophy (LIX1), Pyruvate Kinase Deficiency (PKLR), and Polycystic Kidney Disease (PKD1).
Art. 3.5. In the event the Cat dies of any of the genetic diseases listed in Section 3.4., the Buyer agrees that Buyer’s sole remedy is will be placed at the top of the Cattery’s waiting list for another Cat to be given free of charge, or refunded the Buyer’s original purchase price for the Cat should there be no adequate replacement Cats available within 6 months. In the unlikely event that a Cat develops any of the genetic conditions listed in Section 3.4, Cattery will not be responsible for any of Buyer’s veterinary fees or expenses incurred with treating or euthanizing said Cat.
Art. 3.6. With the exception of the genetic conditions outlined in Section 3.4., the Cattery cannot guarantee the growth and development of the Cat, except as the Cat is presented at the Date of Transfer. The transfer of any Cat with latent defects, conditions, deficiencies, genetic diseases, and/or appearance that cannot be determined prior to the Date of Transfer or during the 7 days after transfer is not grounds for liability from the Cattery.
Art. 3.7. The Cattery guarantees that the Cat is free of FeLV and FIV at the time of leaving the cattery and upon arrival and throughout the mandatory 7 day quarantine after the Date of Transfer. This guarantee will be void if Buyer utilizes transportation services, or if the 7-day quarantine referenced in Section 3.1 fails or is inadequate and the Cat is exposed to any other cats, directly or indirectly.
Art. 3.8. Should an ongoing medical condition be present and disclosed at the Date of Sale, and should Buyer elect to accept the Cat after being notified of such medical condition, the Cattery shall not be responsible for any ongoing treatment of the condition past the Date of Transfer. The Cattery is not responsible for the development any contagious infections or parasitic infestations past the 7 day quarantine period, and the Buyer agrees that any and all illnesses, except those outlined in 3.4, will be the Buyer’s sole financial responsibility.
Art. 3.9. The Buyer is hereby informed that kittens often, during times of stress such as going to a new home, will exhibit temporary signs of illness including but not limited to sneezing, runny nose, watery eyes, diarrhea or constipation, and that shipping in any form may be stressful, especially if dry forced air circulation or excessive heat are involved, and that these effects can be minimized by feeding identical food types served by the Cattery, offering bottled or filtered water, and by taking steps to reduce stress while introducing the Cat to the Buyer's home and other pets. These symptoms are usually temporary and should go away within 7-10 days if the Cat is not further stressed. The Cattery is not liable for any temporary conditions related to transport and home transfer of the Cat.
Art. 3.9.1. Should the Cat be seen and certified unhealthy by a licensed veterinarian within 7 days after the Date of Transfer, and the veterinarian determines the Cat was ill at the time of departure from the Cattery, the Buyer must notify and send all relevant certificates and tests to the Breeder/Cattery within 24 hours of results, and no later than 192 hours after transfer.
Art. 3.9.2. In the event of conditions as outlined in Section 3.9.1., and should the Buyer intend to keep the kitten, the Buyer will be reimbursed the cost of the treatment for the Cat, in an amount not exceeding the purchase price for the Cat of $3,500 (three thousand five hundred dollars). In such an event, the Cattery will reimburse Buyer after being provided with itemized treatment receipts from Buyer’s veterinarian. The Cattery shall not be liable for more than one course of treatment in which one course of treatment would be effective.
Art. 3.9.3. In the event of conditions as outlined in 3.9.1., the Buyer may elect to transfer the Cat back to the Cattery at the Buyer’s expense. In such an event, the Cattery has the right to have the Cat returned to the Cattery, at the Cattery’s expense, in which case the Buyer agrees that Buyer’s sole remedy is to be placed at the top of the Cattery’s waiting list for another Cat within 6 months. Under circumstances of return of this Cat to the Cattery, the Buyer agrees to a mandatory disclosure of all contact with other animals or other circumstances that put this Cat’s health to infections diseases and conditions at risk or at risk to other animals in the Cattery.
Art. 3.9.5. Should the Cat die of any medical conditions identified in the first 7 days after transfer, within the first 7 days of transfer, or as outlined in 3.4., proof in the form of a necropsy report, paid for by the Buyer, certified by a licensed veterinarian, and sent to and received by the Cattery will be required to activate any review of Cattery’s obligation to reimburse the Buyer as outlined in this Sales Contract.
Art. 3.9.6. Any death of the Cat that is not caused by a condition identified in the first 7 days after the Date of Transfer or as a result of a condition specified in Section 3.4 shall not give rise to Cattery’s obligation to reimburse or provide an alternate Cat to Buyer.
Art. 3.9.7. No Cat death, that proves to be hastened through negligence, misdeed, exposure to other animals, or lack of care while in the care of the Buyer will be eligible for reimbursement or replacement and the Cattery is exempt from liability.
Art. 3.9.8. The Breeder/Cattery has the right, upon pending activation of any health guarantee as outlined in Sections 3.3., 3.7., and 3.9.2., to seek a second opinion from a licensed veterinary of the Cattery’s choosing, at the Cattery’s cost, to confirm the condition of the Cat and thus the Cattery’s responsibility to reimburse the Buyer according to the health guarantees here-in.
Art. 3.9.9. Under no circumstances shall the Cattery be liable for any total cost beyond the original purchase price the Cat of $3,500 (three thousand five hundred dollars). Under no circumstances shall the Cattery be liable for more than one course of treatment in which one course of treatment would be effective.
Article IV: Media Requirements and Media Non-Disclosure Agreement
Art. 4.1 In all media in which the Cat appears in a promotive manner the Buyer agrees that any video, photo, or text information about this Cat published by the Buyer must contain the full pedigree name of the Cat with the obligatory indication of its pedigree prefix (name of the cattery).
Art. 4.2. The Buyer agrees not to relate any untrue negative statements about the Cattery, any owner/representative/employee of the Cattery, or the Cat, on any website, media, or social media. The Buyer understands that any such statements made in violation of the preceding sentence may adversely affect the business of the Cattery, and that such adverse effects may not be immediately quantifiable or knowable. As such, the Buyer hereby agrees that such statements shall entitle the Cattery to an immediate payment of $5,000 by the Buyer to the Cattery as Liquidated Damages.
Article V: Terms of payment
Art. 5.1. The Cat’s purchase price including reservation is: $3,500 (three thousand five hundred dollars). This amount, minus the reservation fee if already paid, will be due on the Date of Transfer.
Art. 5.2. The deposit of $500.00 (five hundred dollars) for reservation of the Cat has been paid. This reservation fee is non-refundable, except in the case of inability of the Cattery to complete the sale within a reasonable time not to exceed one month unless otherwise agreed upon between the Buyer and the Cattery.
Art. 5.3. Purchase price includes all age-appropriate vaccinations against Rabies, Feline Panleukopenia, Feline Rhinotracheitis Virus, Feline Calicivirus, and FeLV, as well as microchip, deworming, and pedigree. The amount of expenses for sending the Cat to another city/country are paid by the Buyer additionally.
Art. 5.4. Should the Buyer fail to pick up/transport the kitten by 9/4/2023, the Buyer will be at risk of losing their right of purchase of the Cat, the reservation fee, and voiding any terms agreed to within or outside of this contract. If the Buyer and Cattery intend to proceed with the sale of the Cat to the Buyer after 9/4/2023, the Cattery may require weekly monetary reimbursement for care for the Cat for the remaining duration that the Cat is at the Cattery.
Article VI: Dispute resolution
Art. 6.1. In case of any dispute between the Breeder/Cattery and the Buyer, the parties will try to solve the dispute amicably. Shall these endeavors remain ineffective, all disputes and disagreements shall be resolved under the laws New York State. The parties agree that, for any dispute that cannot be amicably resolved between the parties, jurisdiction shall rest with the courts of Greene County, New York.
Article VII: Entire agreement
Art. 7.1. The signatures of the Buyer and the Cattery/Cattery’s representative shall certify their full consent to all the terms of this Agreement. Both parties agree to accept the facsimile copy of this Agreement on an equal basis with the original.
Article VII: Severability
Art. 8.1 Should any provision of this Sales Contract be determined to be void, invalid, unenforceable, or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this Sales Contract shall be unaffected thereby and shall continue to be valid and enforceable.